Geoff Morris v Australian Croquet Association

In this case, the NST was required to make a determination in respect of the revocation of the Applicant’s membership by the Australian Croquet Association (ACA).  The Applicant was the President of the Australian Gateball Union and also, at certain times relevant to the dispute, a member of the ACA. The ACA is the recognised National Sporting Organisation for Gateball in Australia, and is affiliated with the World Gateball Union. The ACA Board revoked the Applicant’s membership and expelled him from the ACA for actions they say he took when the Australian Gateball Union applied to become affiliated with the World Gateball Union. The ACA Board considered these actions to be a breach of the ACA Constitution by the Applicant.

On considering that the Applicant was not a member of ACA at the relevant time, and that it was the Australian Gateball Union and not the Applicant which took such steps, the Tribunal determined that the Applicant was not in breach of his membership obligations under the ACA Constitution and therefore that the revocation of membership and expulsion from ACA was invalid. The Tribunal also noted that, if he were in breach of the ACA Constitution, expulsion from membership of ACA would be a disproportionately harsh and unreasonable sanction.